KLEENEX CASE SUMMARY
Jurisdiction: | Turkey |
Subject Heading: | I.F. Famous and Well-known Marks |
Case Name and Citation: | Kimberly Clark Worldwide Inc. vs Turkish Patent Institute; Case No. 2011/308; Decision No.2012/66 (1st Ankara Court of Intellectual and Industrial Rights, April 21, 2009 ) and Case no.2009/12693, Decision no.2011/14407 (11th Chamber of Supreme Court, October 25, 2011 notified beginning 2012) |
Plaintiff: | Kimberly Clark Worldwide Inc. |
Defendant: | Turkish Patent Institute |
Marks Associated with Goods/Services: | Plaintiff's trademark registration no.143197 KLEENEX in classes 16 and 24 |
Nature of Case: | Court action instituted for withdrawal of TPI’s Higher Council’s decision no.2007-M-5979 rejecting the application for the acknowledgement of well-known status of KLEENEX. |
Overview of Decision and Ruling: | *The plaintiff filed an application before the Turkish Patent Institute for the acknowledgement of well-known status of KLEENEX trademark. The Turkish Patent Institute rejected the well-known trademark application with its decision no.2007-M-5979 on grounds that KLEENEX trademark is not used in Turkey, that since most of the Turkish consumers do not see and purchase KLEENEX branded products in the market, they can not have any awareness with respect this trademark. |
Importance of Case: | The decision is important due to the acknowledgment of well-known status of a trademark even if it is not used in Turkey and also shows the difference of approach between the practice of the Supreme Court and the First Instance Court. |
Contributing Firm: | Deris Attorneys At Law Partnership |